The Connecticut Appellate Court reversed a summary judgment order in favor of an asbestos product manufacturer which allegedly exposed an employee to asbestos that resulted in his death by mesothelioma.

The plaintiff, Lana Kelly, as executor of the estates of Harold Dusto and his wife Anita Dusto, argued in her appeal that her claims against Rogers Corp. were not barred by the exclusivity provision of the Workers’ Compensation Act, which has narrow exceptions controlling employees suing their employer for work-related injuries.